(DOWNLOAD) "Anderson v. Rexroad" by Supreme Court of Kansas ~ Book PDF Kindle ePub Free
eBook details
- Title: Anderson v. Rexroad
- Author : Supreme Court of Kansas
- Release Date : January 12, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The opinion of the court was delivered by This is the final chapter of an action brought by plaintiffs,
as third party beneficiaries of a contract between the defendants
and the City of Assaria, Kansas, to recover damages from the
defendants for the total destruction of their home and its
contents located in that city. This case was here in 1954
(Anderson v. Rexroad, 175 Kan. 676, 266 P.2d 320) and again in
1955 (Anderson v. Rexroad, 178 Kan. 227, 284 P.2d 1077). In the
first appeal it was determined that the contract entered into
between the defendants and the City of Assaria was to be regarded
as one for the benefit of the injured plaintiffs who may maintain
an action thereon, and that when analyzed, the terms of Clause 10
(t), hereinafter set forth, were clear and unequivocal; that the
language used in such section must be given its plain and
ordinary meaning and that when this was done the contract "means
exactly what it says, i.e., that the contractor shall be
liable for all damages to buildings or other property."
(Anderson v. Rexroad, 175 Kan. 676, 679, 266 P.2d 320.) In the
second appeal it was held that allegations in defendants' answer
based upon negligence of a utility company in failing to give
notice to defendants of the location of its natural gas pipe line
did not constitute a defense to plaintiffs' cause of action upon
the contract and they were properly stricken. The defendants are general contractors and on August 31, 1951,
[180 Kan. 507]
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